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Town Council Action Minutes 3/2/2015
TOWN COUNCIL

TOWN OF SOUTH WINDSOR

Action Minutes  Page 1  March 2, 2015



TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall

1.      Call Meeting to Order

Mayor Anwar called the Regular Meeting to order at 7:00 p.m.

4.      Roll Call

Members Present:        Mayor M. Saud Anwar
        Deputy Mayor Edward Havens
        Councilor Andrew Paterna
        Councilor Liz Pendleton
        Councilor Matthew Riley
        Councilor Janice Snyder
        Councilor Stephen Wagner

Members Absent: Councilor Thomas Delnicki
        Councilor Carolyn Mirek

Also Present:           Matthew B. Galligan, Town Manager
Keith Yagaloff, Town Attorney

7.      Adoption of Minute of Previous Meetings

BE IT RESOLVED that the South Windsor Town Council approves the Minutes of the following Town Council Meetings:  Regular Meeting Minutes of February 17, 2015.

Was made by Councilor Paterna
Seconded by Councilor Snyder
The motion was approved, unanimously

12.     Consent Agenda

Councilor Wagner and Councilor Snyder made a motion to approve Agenda Items 13. A.* through 13. D.* and Items 14. A.* through 14. B.* as the Consent Agenda.  Councilor Pendleton seconded the motion.

Town Attorney Yagaloff suggested taking Item 13. A. off of the Consent Agenda because there will be a discussion item regarding the terms for the Board of Assessment Appeals later in the meeting.  Item 13. A. was eliminated from the Consent Agenda.  

ITEM:

12.     Consent Agenda (Continued)

Mayor Anwar called for a vote on the remaining items on the Consent Agenda; they were approved, unanimously.

13.     New Business

* B.    Resolution Appointing Matthew Montana (D) to the Public Building Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Matthew Montana (D) to the Public Building Commission for a term ending November 30, 2015 to fill the unexpired term of Tim Wentzell.

(Approved by Consent Agenda)

* C.    Resolution Appointing Courtney King (D) an Alternate to the Planning & Zoning Commission

BE IT RESOLVED that the South Windsor Town Council hereby appoints Courtney King (D) an Alternate to the Planning & Zoning Commission for a term ending November 30, 2017 to fill the unexpired term of Cody Guarnieri.

(Approved by Consent Agenda)

* D.    Resolution Reappointing Wayne McKinney (D) to the Demolition Delay Committee

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Wayne McKinney (D) to the Demolition Delay Committee for a term ending December 31, 2016.

(Approved by Consent Agenda)


ITEM:

14.     New Business

* A.    Resolution  Reappointing Peter DeMallie (U) to the Central Regional Tourism District and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Peter DeMallie (U) to the Central Regional Tourism District for a term ending September 1, 2015 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

* B.    Resolution Reappointing Lavina Wilson (R) to the Demolition Delay Committee and Postponing Consideration of this Motion until the Town Council’s Next Regularly Scheduled Meeting

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Lavina Wilson (R) to the Demolition Delay Committee for a term ending December 31, 2016 and postpones consideration of this motion until the Town Council’s next regularly scheduled meeting.

(Approved by Consent Agenda)

 C.    Resolution Accepting the Resignation of Peter Jennings (R) from the Demolition Delay Committee

BE IT RESOLVED that the South Windsor Town Council hereby accepts with regret, the resignation of Peter Jennings (R) from the Demolition Delay Committee, said resignation effective immediately; and

BE IT FURTHER RESOLVED that the South Windsor Town Council extends its thanks to Peter Jennings for the time he had dedicated to serving his community by his membership on the Demolition Delay Committee.

Was made by Councilor Riley
Seconded by Councilor Pendleton
The motion was approved, unanimously




ITEM:

14.     New Business

E.      Resolution Approving Offer of a Tax Assessment Agreement with Scannell Properties #205, LLC

WHEREAS, the Town of South Windsor’s Tax Partnership Program, established pursuant to Connecticut General Statutes Section 12-65b, is intended to encourage the development and expansion of quality businesses in Town through tax and other economic incentives, and is designed to retain and attract businesses that will generate substantial additional tax revenues and employment opportunities for the Town while providing quality goods and services; and

WHEREAS, the South Windsor Economic Development Commission recommends, pursuant to said program, that a tax assessment agreement be offered to Scannell Properties #205, LLC as an incentive to develop a three (3) lot industrial subdivision on Sullivan Avenue with a land cost of approximately three million nine hundred thousand ($3,900,000) dollars and the first building to cost approximately twelve million nine hundred thousand ($12,900,000) dollars (excluding land and soft costs) and contain approximately 292,000 square feet for a warehouse and distribution center with other buildings to be developed later

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council is pleased to offer a tax assessment agreement between the Town and Scannell Properties #205, LLC reducing the amount of the estimated real property assessment of the Real Property for each lot and building by 70% for a period of seven (7) years.  The estimated tax benefit reduction for the first building will be approximately $224,458 annually, commencing with the Grand List following the date the Certificate of Occupancy is issued for Lot 2 of the Sullivan Avenue Industrial Park (the “Facility”); provided, however, that if such assessment is changed by any future Town evaluation, the new assessed value of the Facility shall be reduced by the percentage applicable to the year within the seven (7) year period such assessment is changed; and

(Resolution Continued on Next Page)


ITEM:

14.     E.      (Continued)

BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer to Scannell Properties #205, LLC is conditioned upon Scannell Properties #205, LLC (1) meeting the estimated $12,900,000 construction cost figures for the first building and agreeing to the estimated assessment figure; and (2) continuing to pay the real estate taxes on the Facility for a minimum of ten (10) years from the date the Certificate of Occupancy is issued; if Scannell Properties #205, LLC fails to meet either of these conditions, Scannell Properties #205, LLC shall refund the Town of South Windsor all of the tax benefit reductions it has received; and

BE IT FURTHER RESOLVED that a tax benefit reduction of 70% for a seven (7) year period shall also be provided for each of the 2 additional lots within the Sullivan Avenue Industrial Park from the date the Certificate of Occupancy is issued for each building upon the same terms and conditions; and

BE IT FURTHER RESOLVED that the South Windsor Town Council’s offer is contingent upon Scannell Properties #205, LLC’s execution of a written agreement reflecting the terms set forth in the Resolution and such other terms as the Town may require.

Was made by Councilor Pendleton
Seconded by Councilor Wagner
The motion was approved, unanimously

F.      Resolution Approving a Transfer of $48,998.80 from the Contingency Account to the Public Works Department Overtime Accounts

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $31,998.80 from the Contingency Account to the Streets Overtime Account (#13112100-00111) and $17,000.00 from the Contingency Account to the Fleet Overtime Account (#13113100-00111) to cover costs associated with overtime from snow removal.

Was made by Councilor Riley
Seconded by Councilor Snyder
The motion; was approved, unanimously



ITEM:

14.     New Business (Continued)

G       Resolution Setting a Time and Place for a Public Hearing to Receive Citizen Input on a Proposed Ordinance Concerning the Capital Projects Budget

BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, April 6, 2015, at 8:00 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on a Proposed Ordinance Concerning the Capital Projects Budget, a copy of which is on file in the Office of the Town Clerk.

Was made by Councilor Pendleton
Seconded by Councilor Wagner

After a lengthy discussion, Councilor Paterna made a friendly amendment to change the public hearing to April 20, 2015.  The friendly amendment was accepted by Councilor Pendleton and Councilor Wagner.

The amended resolution to read as follows:

BE IT RESOLVED that the South Windsor Town Council hereby sets Monday, April 20, 2015, at 8:00 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on a Proposed Ordinance Concerning the Capital Projects Budget, a copy of which is on file in the Office of the Town Clerk.

Mayor Anwar called for a vote on the amended motion; it was approved, unanimously.



ITEM:

14.     New Business (Continued)

H.      Resolution Authorizing Town Manager to Enter into an Agreement with the Connecticut Trust for Historic Preservation for a $50,000 Vibrant Community Grant for the Main Street Preservation Study

WHEREAS, The Planning & Zoning Commission, guided by the Town Plan of Conservation and Development previously adopted in 2013, identified the area of Main Street as a significant area of concern for historic preservation and future development and create the Main Street Sub-Committee in 2014 to review the zoning in the area; and

WHEREAS, through the work of the Main Street Sub-Committee, a Vibrant Community Grant through the Connecticut Trust for Historic Preservation was identified as an opportunity to engage all stakeholders in a meaningful dialogue on the future for the Main Street area; and

WHEREAS, the Main Street Sub-Committee prepared a grant proposal and was awarded the Vibrant Community Grant of $50,000 by the State of Connecticut for a Preservation Study of Main Street through a competitive process; and

WHEREAS, the Town prepared a request for proposal for this study, interviewed three potential firms, and chose The Cecil Group to conduct this study; and

WHEREAS, the Town has negotiated a contract and scope of work for this project that is incorporated into the contract with the Connecticut Trust for Historic Preservation and wishes to move forward with this project that will positively impact the Town of South Windsor and particularly the preservation of the unique character of Main Street

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan, to enter into an agreement with the Connecticut Trust for the $50,000 Vibrant Community Grant for the Main Street Preservation Planning Study.

Was made by Councilor Paterna
Seconded by Councilor Pendleton
The motion was approved, unanimously


ITEM:

14.     New Business (Continued)

I.      Resolution Approving an Amendment to the 2014/2015 and 2015/2016 Job Classification and Fringe Benefit Description Plan for Non-Bargaining Unit Employees

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan, to amend the 2014/2015 and 2015/2016 “Job Classification and Fringe Benefit Description Plan for Non-Bargaining Unit Employees of the Town of South Windsor” by eliminating the positions of Director of Human Services (Pay Grade 10), and Youth & Family Services Coordinator (Pay Grade 6); and

BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes Town Manager, Matthew B. Galligan, to further amend the Plan by adding three (3) new positions to the “Job Classification and Fringe Benefit Description Plan for Non-Bargaining Unit Employees” of the Town of South Windsor for Fiscal Years 2014/2015 and 2015/2016, those of Director of Adult and Senior Services (Pay Grade 10), Director of Youth and Family Services (Pay Grade 7), and Assistant Director of Adult and Senior Services (Pay Grade 7).

Was made by Councilor Snyder
Seconded by Councilor Wagner

After a lengthy discussion, Councilor Paterna made a friendly amendment to add language into the resolution explaining that these changes represented a savings in the amount of $65,000 from the 2013/2014 budget to the 2014/2015 budget with a reduction of one full time employee.  Councilor Snyder and Councilor Wagner both accepted the friendly amendment.

The amended resolution to read as follows:

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan, to amend the 2014/2015 and 2015/2016 “Job Classification and Fringe Benefit Description Plan for Non-Bargaining Unit Employees of the Town of South Windsor” by eliminating the positions of Director of Human Services (Pay Grade 10), and Youth & Family Services Coordinator (Pay Grade 6); and

(Resolution Continued on Next Page)

ITEM:

14.     I.      (Continued)

BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes Town Manager, Matthew B. Galligan, to further amend the Plan by adding three (3) new positions to the “Job Classification and Fringe Benefit Description Plan for Non-Bargaining Unit Employees” of the Town of South Windsor for Fiscal Years 2014/2015 and 2015/2016, those of Director of Adult and Senior Services (Pay Grade 10), Director of Youth and Family Services (Pay Grade 7), and Assistant Director of Adult and Senior Services (Pay Grade 7); and

BE IT FURTHER RESOLVED that the South Windsor Town Council acknowledges that these changes represented a savings in the amount of $65,000 from the 2013/2014 budget to the 2014/2015 budget with a reduction of one full time employee.

Mayor Anwar called for a vote on the amended motion; it was approved, unanimously.

J.     Resolution Authorizing the South Windsor Sidewalk & Bikeway Sub-Committee to Extend the Expiration Date of the Committee

WHEREAS, a Temporary Sidewalk & Bikeway Sub-Committee was established in 2012 to make recommendations to Council on the implementation of improvements and expansion of safe pedestrian and bicycle ways throughout the Town; and

WHEREAS, the Sub-Committee is to bring to the attention of the Town Council whatever measures the Sub-Committee believes necessary to improve the Town’s policies and ordinances regarding safe pedestrian and bicycle ways; and

WHEREAS, in 2013 the Sub-Committee’s expiration date was extended for two years; and

WHEREAS, the South Windsor Town Council wishes to allow this Sub-Committee to continue to make strides in improving safe pedestrian and bicycle ways throughout Town

(Resolution Continued on Next Page)



ITEM:

14.     J.      (Continued)

NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes the South Windsor Sidewalk & Bikeway Sub-Committee to extend the expiration date of the Sub-Committee March 31, 2017; and

BE IT FURTHER RESOLVED that the Sub-Committee shall continue to report to Council on a quarterly basis, or more frequently as determined by the Sub-Committee.

Was made by Councilor Wagner
Seconded by Councilor Snyder
The motion was approved, unanimously

  • Resolution Authorizing the Town Manger to Contribute $2,000 to South Windsor High School’s 2015 “Operation Graduation Fund”
BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan, to contribute $2,000.00 to South Windsor High School’s 2015 “Operation Graduation Fund”, said funds to be taken out of the Town Manger’s Professional Account.

Was made by Councilor Snyder
Seconded by Deputy Mayor Havens
The motion was approved, unanimously

  • Discussion Item:  Membership of the Board of Assessment Appeals – Town Attorney to discuss
Town Attorney Yagaloff explained to the Town Council that the terms for members on the Board of Assessment Appeals do not follow the charter, ordinance, or by-laws and will need to be corrected.  The resolution tonight reappointing Deborah Duarte an Alternate to the Board of Assessment Appeals with a term ending November 30, 2018 is incorrect and should read November 30, 2017.  After reviewing the Town Charter, ordinances and by-laws for this Board, a plan has been established that will be brought to the Council in the form of a correcting resolution which will correct all of the terms for this Board.  The other alternate position will have a term ending November

(Discussion Continued on Next Page)

ITEM:

14.     L.      (Continued)

30, 2015.  The three full current members have a term ending November 30,
2015.  There are two republicans and one democrat.  The Town Council will have to decide which republican position will be extended to November 30, 2017.  These changes will coincide with the elections.    

Answering questions from the Council, Town Attorney Yagaloff explained that there are three full members and two alternates for this Board.  A correcting resolution will be drafted for the Town Council to set the terms in line with the Town Charter, ordinance and by-laws.  These terms need to end on November 30th right after an election.  

13.     Unfinished Business (Continued)

A.      Reappointment of Deborah Duarte (D) an Alternate to the Board of Assessment Appeals

BE IT RESOLVED that the South Windsor Town Council hereby reappoints Deborah Duarte (D) an Alternate to the Board of Assessment Appeals for a term ending November 30, 2017.

Was made by Councilor Wagner
Seconded by Councilor Pendleton
The motion was approved, unanimously

14.     New Business (Continued)

M.      Discussion Item:  A Grant up to $10,000 for the Priest Property (requested by Councilor Paterna)

Councilor Paterna explained that he received a call from the State Historic Preservation Office requesting a certified resolution from the Town Council authorizing the Town Manager to sign for a $10,000 grant for the Priest Property project.  The State Historic Preservation Office is meeting on Wednesday, March 4, 2015 to discuss this grant.  In two weeks, a resolution will be put on the agenda for the Council to make a decision on authorizing the Town Manage to sign for the grant.

(Resolution Continued on Next Page)

ITEM:

14.     M.      (Continued)

Mayor Anwar questioned if the Council should add this item to the agenda?  Councilor Paterna stated that he felt it was up to the Council on whether this should be added to the agenda or if it should wait until the next meeting.

Answering questions from the Council, Councilor Paterna explained that the grant would be used for a feasibility study for the Priest Property to inform the Town how this property could be used.  The Town would be obligated to spend the funds within one year and could not demolish the building.  The resolution being proposed to be added to the agenda would only be to allow the Town Manager to sign an agreement with for a grant in the amount of $10,000.

Councilor Wagner made a motion to add an Item (14. N.) to the agenda allowing the Town Manager to enter into and execute an agreement with the State of Connecticut, State Historic Preservation Office for a grant in the amount of $10,000 for the Priest Farm property, subject to review and approval of the agreement by the Town Attorney.  Councilor Pendleton seconded the motion; and it was approved, unanimously.

N.      Resolution Authorizing the Town Manager to Enter into and Execute an Agreement with the State of Connecticut, State Historic Preservation Office for a Grant in the Amount of $10,000

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager, Matthew B. Galligan, to enter into and execute an agreement with the State of Connecticut, State Historic Preservation Office for a grant in the amount of $10,000 for the Priest Farm property, subject to review and approval of the agreement by the Town Attorney.

Was made by Councilor Paterna
Seconded by Councilor Pendleton
The motion was approved, unanimously


ITEM:

19.     Executive Session

At 10:31 p.m. Councilor Wagner made a motion to go into Executive Session to discuss a possible tax assessment agreement which would result in disclosure of public records or information contained therein which is exempt from disclosure at this time pursuant to C.G.S. §1-210(b)(1) and §1-210(b)(5)(B).  Councilor Pendleton seconded the motion; and it was approved, unanimously.

The following individuals were in Executive Session:  Mayor Anwar, Deputy Mayor Havens, Councilor Paterna, Councilor Pendleton, Councilor Riley, Councilor Snyder, Councilor Wagner, Town Manager Matthew B. Galligan and Town Attorney Keith Yagaloff.

At 10:50 p.m. Councilor Wagner made a motion to adjourn the Executive Session.  Councilor Pendleton seconded the motion; and it was approved, unanimously.

20.     Adjournment

At 10:50 p.m. Councilor Wagner made a motion to adjourn the Regular Meeting.  Councilor Pendleton seconded the motion; and it was approved, unanimously.

Respectfully submitted,


                                                
Deborah W. Reid
Clerk of the Council